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According to the Florida Highway Patrol, distracted driving is one of the leading causes of car accidents in the state. It is no surprise to drivers, who may see drivers talking on their cell phones and making major driving mistakes such as changing lanes without looking or driving through a red light. The Florida Highway Patrol suggests there are many things that drivers can do to help prevent Florida and Hallandale Beach car accidents caused by distracted driving. Among their recommendations: keep your eyes on the road, limit the amount of cell phone use in the car, and use hands-free phones where possible.

These are great tips and may possibly help drivers prevent a Hallandale Beach truck accident or car accident – but do they go far enough in stamping out distracted driving? One reason that the Florida Highway Patrol has made the recommendations is that Florida laws currently do not ban cell phone use or even texting while driving. Even though numerous studies have suggested that use of mobile devices while driving can be as dangerous as drunk driving, it is legal in Florida to drive while talking or texting on a phone.

Just because it is legal, however, does not make it a good idea. Many Hallandale Beach truck accidents and car accidents each year are caused by distracted drivers using mobile devices. Putting away a mobile device when hopping into a car is one of the best ways to reduce your risk of a traffic accident. Even just glancing at a mobile device for “a few seconds” or using hands-free devices has been shown to increase the risk of an accident substantially.

Even if it were possible to pass legislation to ban texting and cell phone use while driving, safety experts still say that distracted driving would be an issue. While recent discussions about distracted driving have focused on cell phone use – admitted a serious concern – distracted driving in fact encompasses a much wider idea. Experts agree that any action which distracts a driver from the road can be potentially fatal. Applying cosmetics, eating, drinking, speaking with passengers, daydreaming, changing the radio station and dozens of other actions can remove a driver’s focus from driving long enough to cause a Hallandale Beach bicycle accident or traffic accident. However, since the focus has been on mobile devices, there has not been extensive research conducted to determine which distractions are the most prevalent and dangerous. While many drivers are starting to get the message about cell phone use while driving, many drivers do not consider the many other distractions which can be just as deadly.

More does need to be done to alert drivers about the dangers of any type of distraction while driving. One reason why the focus may currently be on cell phones is because it is possible to document this type of distraction. If a driver causes an accident because they were talking on a cell phone, phone records may show the texts and calls placed, helping police to determine what happened. In cases where a driver was distracted for some other reason, the evidence may not be apparent during a Hallandale Beach personal injury claim.

Florida Car Accident Lawyer Blog

A Portage la Prairie man faces drug and weapons charges after an RCMP raid on a home in that city.
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In recent times, I’ve detected a growing backlash against the excesses of the hysterical "War on Drunk Driving" — and even of politicians willing to question "The DUI Exception to the Constitution" and thereby risk MADD’s wrath come election time.  See, for example, Backlash, Forced Blood Draws: Citizen Backlash? and Catheter Forced Up Penis After DUI Arrest,  

One of the most egregious examples of the damage to our constitutional rights is exemplified by DUI roadblocks, aka "sobriety checkpoints".  I’ve posted often in the past about the inherent unconstitutionality of this clear violation of the Fourth Amendment.  See Are DUI Roadblocks Constitutional?.  And I’ve explained how roadblocks are ineffective and the only real reason these roadblocks continue to be used is that they are "cash cows" — they generate a lot of revenue for local municipalities from citations and car towing (usually for license, registration, insurance or equipment violations).  See Do DUI Roadblocks Work?, DUI Roadblocks for Fun and Profit and The True Purpose of DUI Roadblocks.

In the U.S. Supreme Court case that upheld sobriety checkpoints (Michigan v. Sitz), Chief Justice Rehnquist wrote for the 5-4 majority that although stopping drivers at a checkpoint without probable cause was an apparent violation of the Fourth Amendment, it was only a "minimal intrusion" on the rights of citizens — outweighed by the greater interest of the government in ensuring safety on the highways.  The case was sent back to the Michigan Supreme court to revise its previous decision reversing the DUI conviction.  

The Michigan Supreme Court refused to reverse its decision, again throwing out the conviction — on the new grounds that if DUI roadblocks are not a violation of the U.S. Constitution, they are certainly a violation of the Michigan state constitution.  In other words, the court said to Washington, "If you won’t protect our citizens, then we will".

Since then, 9 other states have joined Michigan in relying upon their own constitutions or laws to ban "sobriety checkpoints" (Idaho, Iowa, Montana, Rhode Island, Washington, Wisconsin, Wyoming, Oregon and Minnesota), and 2 (Texas and Alaska) prohibit them for other legal reasons.

In today’s news, another state is on the road to joining this growing backlash….

House Passes Bill That Would Get Rid of DUI Checkpoints


Salt Lake City, UT.  Feb. 24 —  Citing protection of personal rights and upholding the Constitution, Utah’s House of Representatives narrowly passed a bill that would ban DUI checkpoints in Utah.

Under House Bill 140, which was approved 41-33, checkpoints for fugitives, Amber Alerts and invasive species would still be allowed. But the practice of having officers stopping every car at a specific location for a period of several hours — looking for drunken drivers — would be banned.

"This doesn’t seem very consistent with the very unique idea of American government and law enforcement that we have," said Rep. David Butterfield, R-Logan, the sponsor of the legislation, about DUI checkpoints…

Butterfield said that the data he has found in researching this bill shows that of the 11 states that do not use DUI checkpoints, about half are in the top half of traffic safety in the nation, while the other half are in the bottom half of states in regard to traffic safety.

"The data shows no correlation between safety with those that do practice checkpoints and those that don’t," Butterfield said…

Rep. Craig Frank, R-Pleasant Grove, spoke in favor of the bill. Frank talked about his experience of being involved in a DUI checkpoint and stated that he felt his rights were being infringed upon while officers shone flashlights into his car searching for any questionable items, even though he gave no reason for police to suspect him of any crime.

"I was uncomfortable with that," Frank said.

Frank said he felt the practice of DUI checkpoints was well-intentioned but said that he felt that passing this legislation would help bring Utah back to upholding the Constitution and protecting people’s rights…

Butterfield’s proposal will now move on to the state Senate…

There would appear to be light at the end of this long, dark tunnel….
 

DUI BLOG

Florida remains one of the few states that has not passed laws that ban texting while driving. There is a strong push to get this type of law passed, but despite the number of people injured and even killed by texting drivers, bill that are introduced to ban distracted driving do not pass into law. Last year, a move was made by Florida legislators to pass a texting ban for motorists, but that proposed legislation failed to pass into law.

While some people argue that banning texting and driving would help reduce the number of Miami traffic collisions, others argue that texting bans would harm individual rights by inviting too much government control into people’s lives. According to Jim Harper of the Cato Institute, texting bans make little sense because Florida laws already ban reckless driving and any driver who causes a Miami car accident due to texting and driving can be charged under those laws. Harper also notes that any new technology causes some accidents but does not require legislation. Speaking with reporters, he mentioned that cup holders caused some accidents when they were first introduced into cars, but no laws banned them.

There is a Senate bill (SB 416) in Florida that would ban texting and driving. So far, that bill has had two votes cast against it but it has passed through three committees. It still needs to be voted on by the full chamber. A House bill (HB 299) banning texting and driving has not moved forward. Some argue that the bills do not go far enough. If the bills become law, they would result in only a initial fine. Any motorist caught texting and driving twice within five years would face an additional fine. Drivers who cause an accident while texting would lose driver points under the proposed legislation. If the bills became law, police would only be able to charge drivers for texting if they pulled the driver over for another violation first.

According to some experts, texting bans might also not make much of an impact on Miami car accident rates anyway. There were 171 538 reported Florida car accidents between January and October of 2011, and under one percent of drivers were known to be texting while driving at the time of the accident, according to Florida highway safety authorities. Some experts have suggested that texting bans could actually increase Miami pedestrian accidents and car accidents, since drivers who want to text and drive would attempt to hide their devices in their laps when driving, taking their eyes off the road more.

Advocates of texting bans point to numerous studies suggesting that texting and driving is as dangerous as Miami drunk driving. They cite government research and studies by the AAA as well as numerous universities, all of which suggest that drivers who text and drive are many times more likely to be in a car accident when compared with undistracted drivers.

Florida Car Accident Lawyer Blog

Governor Rick Scott and other legislators are currently supporting HB 119, a proposed law which would require anyone injured in a Florida car accident to seek an evaluation at a hospital or clinic. The proposed law is aimed to help reduce the instances of insurance fraud, which according to the Insurance Institute total billion annually. Florida has been noted to be one of the leading locations in the country for insurance fraud, with more instances of car insurance fraud occurring here than anywhere else.

The new proposed law would take aim at insurance fraudsters in a number of ways. The law would limit the choices those injured in car accidents would have about where to seek medical treatment. This is significant because in Florida instances of insurance fraud have been found to involve large networks of unscrupulous doctors and other professionals. Fraudsters work with clinics and medical professionals who overcharge for routine exams and charge for medical exams and treatments not given. Advocates of HB 119 claim the new law would eliminate these medical fraudsters by forcing victims to go to legitimate clinics and hospitals, making it harder for overcharging to work.

There is no doubt that car insurance fraud is a serious problem. In addition to the high cost of fraud – which is passed down to all drivers in the form of increased insurance premiums – insurance fraud in Florida can be a threat to public safety, as well. In some cases, fraudsters cause a minor accident, such as a rear-end collision – in order to claim an injury. Unfortunately, this is a dangerous game, and bystanders could be seriously injured in Medley car accidents or Medley pedestrian accidents caused by a fraudster looking to cause an accident in order to make a fraudulent claim.

In addition, the instances of insurance fraud in the state are negatively affecting those who are legitimately injured in Florida traffic accidents. Some residents of Medley, for example, find that their claims are treated with some suspicion and it can take some time for legitimate claimants to get their claim amounts, even if they are genuinely injured. Some victims have worked with Medley personal injury attorneys to negotiate with insurance carriers in order to ensure a fair, on-time claim recovery.

Opponents of the law, however, claim that the new law might not be the best solution. They point out that not every car accident victim with a minor injury can afford a visit to a hospital emergency room or a clinic, and this will especially be a cost concern for those without insurance. They also note that those who really want to defraud the system will still find ways to do so. Further, opponents of the bill have expressed concerns that having car accident victims with minor injuries report to hospital emergency rooms could potentially clog up emergency departments and make it harder for those who are seriously ill to get medical care.

Florida Car Accident Lawyer Blog

Between 2000 and 2010, the number of fatal Florida car collisions has dropped. In 2002, 3,143 individuals were killed in Florida car accidents. By 2010, that number had declined to 2,563. This is despite the fact that the population of the state has climbed 18 percent and despite the fact that during this period drivers have been more distracted than ever before, with DVD players, GPS devices, texting, mobile devices, and other technology.

In 1995, only about 13 percent of Americans owned cell phones. Today, 80 percent of Americans own them, and this has led to quite a debate about cell phone safety behind the wheel. Many studies have been done proving that cell phone use while driving is risky and increases the risk of a car accident. However, there is no doubt that overall traffic fatalities have been dropping.

What is going on?

Part of the answer may lie in the fact that highway safety systems and laws have improved in the same time period. Seat belt laws, for example, have become stricter in the past two years. Now, police can give out tickets if a driver is not wearing a seatbelt. In fact, drivers can now be pulled over even if that is their only violation.

However, does that mean that drivers are safer – even with cell phones and mobile devices – or do the numbers hide the dangers of distracted driving? Even cell phone companies are advertising that drivers should not use their products while driving. A number of bills have been introduced in Florida, which would make texting and driving or cell phone use while driving illegal. However, none of these bills have passed so far. They have certainly created a lot of debate about the topic of distracted driving. Currently, Florida is one of only two states to have no rules at all about mobile device use. The state does not even require the reporting of cell phone use in Florida car accidents.

According to the Virginia Tech Transportation Institute, drivers who text have a 23 times greater risk of being in a car crash than non-distracted drivers. As well, drivers spend an average of 5 seconds looking at mobile devices when using these devices on the road. On a highway, this means that drivers take their eyes off the road for about the length of a football field – plenty of time to cause a Florida pedestrian accident or car crash.

If mobile devices were banned or restricted, would it make Florida roads safer? Those who believe so point to studies like the one completed by the Virginia Tech Transportation Institute. Those who disagree with proposed bills point to the dropping rate of Florida car accidents and to other studies, which suggest that car accidents stayed static in states that have passed cell phone bans.

Florida Car Accident Lawyer Blog